State v. Simbach

PARKER, Acting Chief Judge.

The State of Florida appeals the order of the trial court dismissing a charge of felony animal cruelty against John R. Sim-bach. We reverse.

Simbach’s sworn motion,1 filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), sets forth the undisputed facts in this case. Simbach fired two shots from a .357 caliber revolver at a dog belonging to Onita Young, both shots striking the dog. The dog suffered from the wounds until it was euthanized by a veterinarian two hours and twenty minutes later. The State charged Simbach with cruelty to animals in violation of…